Destruction of Hazardous Imports Act
What changed between versions
The bill now adds a new subsection (v) to Section 801 rather than amending existing sentences. This creates a standalone authority for the Secretary to order destruction of refused articles presenting significant public health concerns, without the opportunity for export.
A new due process requirement mandates that the Secretary provide notice and an opportunity to appear and introduce testimony before destruction. This can be combined with the refusal of admission hearing or conducted separately, as specified in regulations.
The requirement that regulations be consistent with any applicable international agreements was removed entirely.
A 90-day deadline is set for the owner or consignee to destroy the article after an order is issued, and the owner or consignee bears all costs of destruction.
The applicability date changed from 180 days after enactment to 30 days after final regulations are promulgated. The regulatory process itself was extended from 90 days to up to 30 months (18 months for proposed regulations with notice and comment, plus 1 year for final regulations).
The prohibited acts provision in Section 301(jjj) now references the new section 801(v) instead of the seventh sentence of section 801(a).